THE APPLICABLE LEGAL STANDARD UNDER SECTION 333

Martin Cox submits that the grant of this exemption application for use of the DJI Inspire 1 will 

advance the Congressional mandate in Section 333 of the Reform Act to accelerate the introduction of

UASs into the national airspace system (“NAS”) if it can be accomplished safely. This law directs the 

Secretary of Transportation to consider whether certain UASs may operate safely in the NAS before 

completion of the rule making required under Section 332 of the Reform Act. In making this 

determination, the Secretary is required to determine which types of UASs do not create a hazard to 

users of the NAS or the public or pose a threat to national security in light of the following:

 The UAS’s size, weight, speed, and operational capability;

 Operation of the UAS in close proximity to airports and populated areas;

 Operation of the UAS within visual line of sight of the operator.

Reform Act § 333(a)(1). If the Secretary determines that such vehicles “may operate safely in

the national airspace system, the Secretary shall establish requirements for the safe operation

of such aircraft in the national airspace system.” Id. §333(c).

The Federal Aviation Act expressly grants the FAA the authority to issue exemptions. This

statutory authority, by its terms, includes exempting civil aircraft, as the term is defined under

§40101 of the Act, from the requirement that all civil aircraft must have a current airworthiness

certificate and those regulations requiring commercial pilots to operate aircraft in commercial

service:

The Administrator may grant an exemption from a requirement of a regulation

prescribed under subsection (a) or (b) of this section or any of sections 44702-

44716 of this title if the Administrator finds the exemption is in the public interest.

The grant of the requested exemption is in the public interest based on the clear direction in

Section 333 of the Reform Act; the additional authority in the Federal Aviation Act, as

amended; the strong equivalent level of safety surrounding the proposed operations; and the

significant public benefit, including enhanced safety and cost savings associated with

transitioning to UASs for aerial video/photographs for measuring coal mine stockpiles and aerial 

video/photographs for residential properties . Accordingly, the applicant respectfully

requests that the FAA grant the requested exemption without delay.

Airworthiness of the Inspire 1

A critical element of the exemption application involves evidence of the airworthiness of the DJI

Inspire 1. I believe that it has shown compliance with the requirements of Order 8130.34C. DJI has a 

reputation for manufacturing quality UASs. In the hours that I have logged to date, the Inspire 1 has 

impressed me with its flight characteristics. It is very stable, has an easy to use pre-programmed GPS 

guidance system, a reliable fail-safe mode to bring the aircraft back to the PIC in case of controller 

malfunction and other such safety features that help minimize potential problems while in the air.

Mandatory Operating Conditions

Grant of the exemption to Martin Cox will be subject to the following mandatory conditions,

which are based upon operating conditions set forth for operation of UAS by public entities

pursuant to Certificates of Authorization, with additional restrictions:

- All operations to occur in Class G airspace

- Operations to avoid congested or populated areas, which are depicted in yellow on

VFR charts
- Operations to be conducted over private or controlled-access property

- Permission from land owner/controller required before commencing any flight

- Operations to occur during Visual Flight Rules Meteorological Conditions (VMC)

- Aircraft to remain within Visual Line of Sight (VLOS)

o VLOS guaranteed with a cylinder of operation around operator of 1⁄2 nautical miles (NM)

o Cylinder walls may be expanded by additional observer’s ability to monitor airspace

- Operations to occur during daylight hours

- Above Ground Level (AGL) altitude to be restricted to 400 feet- All operations conducted in vicinity of 

airport to remain more than 2.5 NM from center line azimuth of runway center line measured from 

runway thresholds

- Operator will file a NOTAM for each flight

- All required permissions and permits will be obtained from territorial, state, county or

city jurisdictions, including local law enforcement, fire, or other appropriate

governmental agencies

Operator Requirements

Martin Cox respectfully proposes that operator requirements should take into account the

characteristics of the particular UAS. Certain UASs, such as the DJI Inspire 1,

are characterized by a high degree of pre-programmed control and various built-in technical

capabilities that limit the potential for operation outside of the operating conditions set forth

above. The Inspire 1 has a semi-autonomous navigation and control system that utilizes GPS and an 

auto-pilot system. Flights may be pre-programmed with precision GPS guidance and do not require 

human intervention. In the case of unplanned events, the operator has the option to allow the aircraft 

to follow the pre-programmed evasive maneuvers that will bring the aircraft back to the PIC for 

automatic landing. Martin Cox will be the sole PIC of the Inspire 1. I, as noted above, have an active 

FAA private pilot certificate and a current third-class medical certificate. 

Martin Cox notes that the FAA has found that safety factors permitted operation of UASs

by operators with these qualifications in the case of operations pursuant to public COAs when

the mandatory operating conditions specified above were present. See Federal Aviation

Administration, Notice N-8900.227, Unmanned Aircraft Systems (UAS) Operational Approval,

at 20-21 (July 30, 2013). The FAA has the statutory authority to grant exemptions to the

requirements for and privileges associated with the grant of airmen’s certificates. 49 USC

§44701 (f).